W. Va. Code R. § 141-31-6-12

Current through Register Vol. XLI, No. 45, November 8, 2024

Section 141-31-6-12 - MANDATORY CONSIDERATION FOR PROMOTION

a. An understanding of the provisions of the Reserve Officer Personnel Act of 1954 is essential to WVARNG officers in developing and pursuing their career plans. The provisions of ROPA assure that officers of the WVARNG and the USAR who meet the qualifications for higher grades are able to advance at a prescribed rate. It requires mandatory consideration for promotion to the next higher grade by the DA after accruing a specified number of years of total commissioned service and time in grade.

b. Many officers have the impression that successful completion of the minimum military educational requirements (requirements for unit promotion) will result in their automatic selection when they are considered by mandatory selection boards. Selection boards operate under the fully-qualified method of selection rather than the best qualified method. However, even under the fully-qualified method, completion of the appropriate military educational level is just one of several factors that are considered by the selection boards. As important as military education is, it cannot compensate for any recent period in the officer's service in which his/her manner of performance, will be viewed by the members of the selection board along with their other records.

c. There are two particular elements of ROPA that should be of special concern to all WVARNG officers as they seek to establish a career program. They are "total years of commissioned service", and "years of promotion service" (time in grade). These elements are defined as follows:

(1) Total years of Commissioned Service is the number of years that an officer holds a commission in any of the Armed Forces (regular or reserve). However, officers initially commissioned after age 25 will, for the purposes of ROPA, accrue years of commissioned service from their 25th birthday. For example, an individual who was commissioned at age 27 counts years of commissioned service from his/her 25th birthday and has on the day that he/she accepted their commissioned appointment, a credit of two (2) years service. Further constructive credit is applied under certain circumstances for medical officers, dentists, and other professionals.

(2) Years of Promotion Service (or time in grade) is the number of years that an officer has served in his/her permanent grade. ROPA establishes a minimum number of years that an officer must serve prior to being promoted as well as the maximum number of years he/she may remain in any one grade before being mandatorily considered for promotion to the next higher grade. These minimum and maximum periods for mandatory consideration are:

TO:	PROMOTION SERVICE:	YEARS OF SERVICE:
1LT	3 Years in Grade of 2LT	None
CPT	4 Years in Grade of 1LT	6 Years
MAJ	7 Years in Grade of CPT	12 Years
LTC	7 Years in Grade of MAJ	17 Years

e. Selection Boards are convened annually at CONUS Army level to consider 1LT's for promotion to CPT through COL for promotion to the next higher grade with considerations as follows:

CONSIDERING:	PROMOTION TO GRADE OF:
Army Medical Department	CPT, MAJ, and LTC
Army Promotion List and Chaplains	COL
Army Medical Department	COL
Army Promotion List and Chaplains	CPT
Army Promotion List and Chaplians	MAJ
Army Promotion List and Chaplains	LTC

f. All officers must understand that they will be mandatorily considered for promotion in the year preceding the year in which they actually complete the required promotion service so that, if selected, they may be promoted effective on the date of completion of prescribed service. This must be considered in developing career plans to insure that the minimum military educational requirements are completed prior to convening of the selection board.

g. Any WVARNG officer who is mandatorily considered and selected for promotion may elect one of the following options:

(1) Acceptance of promotion with continued assignment to the WVARNG, provided there is a position vacancy for the higher grade.

(2) Declination of promotion with continued assignment to the WVARNG in present grade and retention of their names on the promotion with continued assignment to the WVARNG in present grade and retention of their names on the promotion list for a period not to exceed 3 years if found qualified on his/her first consideration. When an officer is offered a declination following a second consideration for promotion his/her case will be reviewed in the same manner, however, their declination will be approved for a period of not more than two (2) years. This is contingent upon approval of the Adjutant General. If the officer is a LTC, and he elects this option, his name will be removed from the promotion list, and will then be reported for consideration again by the next selection board.

(3) Acceptance of promotion with assignment to the Army Reserve. If the officer elects this option, his/her Federal Recognition will be withdrawn effective on the date of the election, or on the day prior to their promotion eligibility date, whichever is later.

h. Non-selection for promotion constitutes a passover for 1LT's, CPT's and MAJ's, and they will be considered the following year by a new board along with officers who are in the zone of consideration for the first time. Officers in the grades of 1LT through MAJ who were nonselected by a selection board convened under AR 135-155 may not be considered for unit promotion under this section until they have again been considered and selected by a succeeding board. Officers twice failing selection for promotion will be discharged from their commissioned status or transferred to the Retired Reserve provided they are eligible and apply for such transfer, except those eligible for retention under the provisions of paragraph 6, to NGR 635-100.

W. Va. Code R. § 141-31-6-12